Energy Grants (Credits) Scheme Regulations 2003

Part 1 Preliminary  

REGULATION 1  

1   Name of Regulations  
These Regulations are the Energy Grants (Credits) Scheme Regulations 2003.

REGULATION 2  

2   Commencement  
These Regulations commence on 1 July 2003.

REGULATION 3  

3   Diesel and Alternative Fuels Grants Scheme Regulations 2000 - repeal  
The following Statutory Rules are repealed:

  • • 2000 Nos. 44, 160 and 318
  • • 2001 Nos. 17 and 200
  • • 2002 No. 54.
  • SECTION 4  

    4   Definitions  
    In these Regulations:

    Act
    means the Energy Grants (Credits) Scheme Act 2003.

    AMG
    means the Australian Map Grid.

    BSD
    means an area described in that way in the edition of the Australian Standard Geographical Classification that was:


    (a) published by the Australian Bureau of Statistics; and


    (b) current on 12 April 2000.

    claimant
    means a person who makes a claim for payment of an energy grant.

    claim period
    has the same meaning as in the Product Grants and Benefits Administration Act 2000.

    litre
    includes cubic metre .

    qualifying use
    is an actual use or a proposed use by a claimant in a claim period of a type of fuel:


    (a) that the claimant purchases or imports into Australia in the claim period; and


    (b) for which the claimant is entitled to an energy grant under subsection 56(1) of the Act.

    statistical local area
    means an area described in that way, and by reference to a unique name and number, in the edition of the Australian Standard Geographical Classification that was:


    (a) published by the Australian Bureau of Statistics; and


    (b) current on 12 April 2000.

    type of fuel
    means:


    (a) on-road diesel fuel, on-road alternative fuel or off-road diesel fuel; or


    (b) a particular kind of on-road diesel fuel, on-road alternative fuel or off-road diesel fuel.

    REGULATION 5  

    5   Meaning of emergency vehicle (Act s 4)  
    For the definition of emergency vehicle in section 4 of the Act, the following are emergency vehicles:


    (a) a vehicle that is:


    (i) operated by an ambulance service; and

    (ii) fitted with a siren and a flashing warning light;


    (b) a vehicle that:


    (i) is operated by a firefighting service; and

    (ii) is designed, permanently fitted out and equipped for the purposes of preventing and fighting fires; and

    (iii) has external markings that identify the vehicle as a firefighting vehicle;


    (c) a vehicle that is:


    (i) operated by a police force or service; and

    (ii) fitted with a siren and a flashing warning light;


    (d) a vehicle that:


    (i) is designed and permanently fitted out for the purposes of emergency response or search and rescue operations; and

    (ii) has external markings that identify it as such a vehicle;


    (e) a vehicle, other than a vehicle mentioned in paragraph (a), (b), (c) or (d), that is:


    (i) operated by the Commonwealth or a State or Territory, or by a Commonwealth, State or Territory authority, for a purpose similar to a purpose indicated in any of those paragraphs; and

    (ii) identified as such a vehicle by a siren, flashing warning light, appropriate markings, or similar means.

    SECTION 6  

    6   Metropolitan areas (Act s 6)  
    For subsection 6(2) of the Act, the area included in each metropolitan area is as follows:


    (a) for the Newcastle-Sydney-Wollongong metropolitan area - the area described in Schedule 1;


    (b) for the Melbourne-Geelong metropolitan area - the area described in Schedule 2;


    (c) for the Sunshine Coast-Brisbane-Gold Coast metropolitan area - the area described in Schedule 3;


    (d) for the Perth metropolitan area - the area described in Schedule 4;


    (e) for the Adelaide metropolitan area - the area described in Schedule 5;


    (f) for the Canberra metropolitan area - the area described in Schedule 6.

    Part 2 On-road credits  

    REGULATION 7  

    7   Meaning of on-road alternative fuel (Act s 4)  
    For paragraph (d) of the definition of on-road alternative fuel in section 4 of the Act, the following fuels are specified:


    (a) liquefied natural gas;


    (b) biodiesel that:


    (i) is the subject of a fuel standard under the Fuel Quality Standards Act 2000 ; and

    (ii) complies with the standard;


    (c) a fuel that is made up of biodiesel and diesel if:


    (i) the biodiesel contained in the fuel:

    (A) is the subject of the fuel standard under the Fuel Quality Standards Act 2000; and

    (B) complies with the standard; and

    (ii) the fuel:

    (A) is the subject of the fuel standard for diesel fuel under the Fuel Quality Standards Act 2000; and

    (B) does not comply with the standard.

    REGULATION 8  

    8   Meaning of on-road diesel fuel (Act s 4)  
    For the definition of on-road diesel fuel in section 4 of the Act, on-road diesel fuel is a substance that:


    (a) has been purchased for use as fuel for road vehicles powered by diesel engines; and


    (b) consists principally of products derived from petroleum or shale, including the following:


    (i) stabilised crude oil, topped crude oil, or condensate;

    (ii) a recycled substance that has been produced by a process of refining or has been recovered by another process;

    (iii) recycled waste oil that has been blended with diesel.

    Part 3 Off-road credits  

    REGULATION 9   Meaning of off-road diesel fuel (Act s 4)  

    (1)    
    For the definition of off-road diesel fuel in section 4 of the Act, the following kinds of fuel are specified:


    (a) a product on which:


    (i) customs duty has been paid at a rate that is applicable to diesel fuel, under Schedule 3 to the Customs Tariff Act 1995, at the time of the payment; or

    (ii) excise duty has been paid at a rate that is applicable to diesel fuel, under the Schedule to the Excise Tariff Act 1921, at the time of the payment;
    that is capable of being used as fuel in a diesel engine;


    (b) a fuel oil that has the characteristics set out in subsection 3 (4) of the Excise Tariff Act 1921;


    (c) a petroleum product:


    (i) that has a density:

    (A) equal to or exceeding 0.900 at 15° Celsius as determined by ASTM 1298; or

    (B) less than 0.900 at 15° Celsius as determined by ASTM 1298 and:

    (I) a maximum cetane index of 35 as determined by ASTM D976; or

    (II) in respect of the heaviest 10% of a particular volume of fuel tested, a minimum value of 0.35% mass of carbon residue on 10% distillation residue as determined by ASTM D189 or D524; or

    (III) a minimum pour point of 15° Celsius as determined by ASTM D97; or

    (IV) a minimum sulphur content of 1.5% mass as determined by ASTM D129; or

    (V) a minimum kinematic viscosity of 10 centistokes (millimetres squared per second) at 40° Celsius as determined by ASTM D445; and

    (ii) on which duty has been paid at a rate that is applicable to diesel fuel; and

    (iii) that is capable of being used as a fuel otherwise than in an internal combustion engine;


    (d) a blend of diesel and biodiesel;


    (e) an excisable blended petroleum product:


    (i) that consists of diesel and another substance or substances; and

    (ii) on which duty has been paid at a rate that is applicable to diesel fuel; and

    (iii) that is intended for use for a purpose specified in subsection 53(6) of the Act.
    View history reference

    (2)    
    A reference in paragraph (1) (c) to ASTM, followed by a number, is a reference to a test so numbered as prescribed by the American Society for Testing and Materials and set out in Section 5 of the Annual Book of ASTM Standards (1986 revision) published in 1986 by the American Society for Testing and Materials at Philadelphia, Pennsylvania in the United States of America.

    (3)    
    The following kinds of fuel are not off-road diesel fuel :


    (a) gasoline and other petroleum or shale spirit that has a flash point of less than 23? Celsius when tested in an Abel Pensky (closed test) apparatus;


    (b) coal tar and coke oven distillates;


    (c) aromatic hydrocarbons and light oils that:


    (i) consist principally of aromatic hydrocarbons (not being petroleum or shale products); and

    (ii) are suitable for use as gasoline substitutes; and

    (iii) have a flash point of less than 23° Celsius when tested in an Abel Pensky (closed test) apparatus;


    (d) biodiesel.


    (e) (Repealed by SLI No 172 of 2006)


    (4)    


    In this regulation:

    excisable blended petroleum product
    has the meaning given by section 77G of the Excise Act 1901.

    Note:

    Section77G of the Excise Act 1901 defines excisable blended petroleum products by reference to exempt blended petroleum products. Exempt blended petroleum products are prescribed in the Excise Regulations 1925.


    REGULATION 10   Qualifying uses  

    (1)    
    Subject to subregulation (2), for paragraph 53(6)(b) of the Act, the use of off-road diesel fuel other than as a fuel is specified.

    (2)    
    If the off-road diesel fuel is used as an ingredient in the manufacture of a blended petroleum product, the use is specified only if the product is an exempt blended petroleum product that is not suitable for use as a fuel.

    (3)    
    For paragraph 53(7)(b) of the Act, the kind of off-road diesel fuel mentioned in paragraph 9(1)(c) of these Regulations is specified.

    (4)    
    In this regulation:

    blended petroleum product
    has the meaning given by section 77G of the Excise Act 1901.

    exempt blended petroleum product
    has the meaning given by section 77G of the Excise Act 1901.

    Note:

    Exempt blended petroleum products are prescribed in the Excise Regulations 1925.


    Part 4 Entitlement to energy grant  

    REGULATION 11   Specified amounts per litre - on-road alternative fuel and on-road diesel fuel (Act s 57(2))  

    (1)    
    For subsection 57(2) of the Act, Parts 1 and 2 of Schedule 7 specify the amounts per litre for:


    (a) on-road diesel fuel; and


    (b) different kinds of on-road alternative fuel.

    (2)    
    An amount per litre that is specified for a particular type of fuel does not apply to a blend of that type of fuel and another type of fuel, whether or not the other type of fuel is specified in Schedule 7.

    Note

    On-road diesel fuel may include a blend of diesel and ethanol, and may also include a blend of diesel and biodiesel.


    REGULATION 12  

    12   Specified amounts per litre - off-road diesel fuel (Act s 57(2))  
    For subsection 57(2) of the Act, Part 3 of Schedule 7 specifies the amounts per litre for either or both of the following:


    (a) different kinds of off-road diesel fuel;


    (b) different proposed uses of off-road diesel fuel.

    REGULATION 13   Methods of working out quantity of fuel (Act s 57(5))  

    (1)    
    For subsection 57(5) of the Act, the methods set out in Schedule 8 are prescribed.

    (2)    
    The Schedule sets out the following methods:


    (a) the constructive method (a basic calculation method);


    (b) the deductive method (a basic calculation method);


    (c) the percentage use method (a variation of a basic calculation method);


    (d) the small claimants method (a variation of a basic calculation method).

    (3)    
    The Schedule sets out the circumstances in which the different methods may be used.

    Schedule 1 Newcastle-Sydney-Wollongong metropolitan area  

    (paragraph 6 (a))

    Part 1 Complete statistical local areas  

    101    
    The Newcastle-Sydney-Wollongong metropolitan area includes each of the following statistical local areas:


      105350150 Ashfield (A)  
      105400200 Auburn (A)  
      105200350 Bankstown (C)  
      105500500 Baulkham Hills (A)  
      105500750 Blacktown (C)  
      105051100 Botany Bay (C)  
      105351300 Burwood (A)  
      105301450 Camden (A)  
      105301500 Campbelltown (C)  
      105201550 Canterbury (C)  
      105351900 Concord (A)  
      105352550 Drummoyne (A)  
      105252850 Fairfield (C)  
      105403950 Holroyd (C)  
      105604000 Hornsby (A)  
      105554100 Hunter's Hill (A)  
      1051541507 Hurstville (C)  
      105154450 Kogarah (A)  
      105604500 Ku-ring-gai (A)  
      110054650 Lake Macquarie (C)  
      105554700 Lane Cove (A)  
      105054800 Leichhardt (A)  
      105254900 Liverpool (C)  
      105655150 Manly (A)  
      105055200 Marrickville (A)  
      105555350 Mosman (A)  
      110055901 Newcastle (C) - Inner  
      110055902 Newcastle (C) - Remainder  
      105555950 North Sydney (A)  
      105406250 Parramatta (C)  
      105456350 Penrith (C)  
      105656370 Pittwater (A)  
      105106550 Randwick (C)  
      105156650 Rockdale (C)  
      105556700 Ryde (C)  
      115056900 Shellharbour (C)  
      105057070 South Sydney (C)  
      105357100 Strathfield (A)  
      105157150 Sutherland Shire (A)  
      105057201 Sydney (C) - Inner  
      105057202 Sydney (C) - Remainder  
      105658000 Warringah (A)  
      105108050 Waverley (A)  
      105558250 Willoughby (C)  
      115058450 Wollongong (C)  
      105108500 Woollahra (A)

    Part 2 Roads between statistical local areas  

    201    
    The Newcastle-Sydney-Wollongong metropolitan area includes the area contained within the road reserve of the Sydney-Newcastle Freeway, between:


    (a) the northern boundary of 105604000 Hornsby (A) statistical local area; and


    (b) the southern boundary of 110054650 Lake Macquarie (C) statistical local area.

    Schedule 2 Melbourne-Geelong metropolitan area  

    (paragraph 6 (b))

    Part 1 Complete statistical local areas  

    101    
    The Melbourne-Geelong metropolitan area includes each of the following statistical local areas:


      205300661 Banyule (C) - Heidelberg  
      205300662 Banyule (C) - North  
      205650911 Bayside (C) - Brighton  
      205650912 Bayside (C) - South  
      210052751 Bellarine - Inner  
      205451111 Boroondara (C) - Camberwell North  
      205451112 Boroondara (C) - Camberwell South  
      205451113 Boroondara (C) - Hawthorn  
      205451114 Boroondara (C) - Kew  
      205101181 Brimbank (C) - Keilor  
      205101182 Brimbank (C) - Sunshine  
      205801612 Casey (C) - Berwick  
      205801613 Casey (C) - Cranbourne  
      205801616 Casey (C) - Hallam  
      210052752 Corio - Inner  
      205301891 Darebin (C) - Northcote  
      205301892 Darebin (C) - Preston
      205852171 Frankston (C) - East  
      205852174 Frankston (C) - West  
      210052753 Geelong  
      210052754 Geelong West  
      205652311 Glen Eira (C) - Caulfield  
      205652314 Glen Eira (C) - South  
      205752671 Greater Dandenong (C) - Dandenong  
      205752674 Greater Dandenong (C) Bal  
      205103111 Hobsons Bay (C) - Altona  
      205103112 Hobsons Bay (C) - Williamstown  
      205353271 Hume (C) - Broadmeadows  
      205653431 Kingston (C) - North  
      205653434 Kingston (C) - South  
      205553671 Knox (C) - North  
      205553674 Knox (C) - South  
      205504211 Manningham (C) - East  
      205504214 Manningham (C) - West  
      205104330 Maribyrnong (C)  
      205554411 Maroondah (C) - Croydon  
      205554412 Maroondah (C) - Ringwood  
      205054601 Melbourne (C) - Inner  
      205054605 Melbourne (C) - Southbank-Docklands  
      205054608 Melbourne (C) - Remainder
      205504971 Monash (C) - South-West  
      205504974 Monash (C) - Waverley East  
      205504975 Monash (C) - Waverley West  
      205105063 Moonee Valley (C) - Essendon  
      205105065 Moonee Valley (C) - West  
      205255251 Moreland (C) - Brunswick  
      205255252 Moreland (C) - Coburg  
      205255253 Moreland (C) - North  
      205905345 Mornington Peninsula (S) - West  
      210052755 Newtown  
      205405713 Nillumbik (S) - South  
      205405715 Nillumbik (S) - South-West
      205055901 Port Phillip (C) - St Kilda  
      205055902 Port Phillip (C) - West
      210052756 South Barwon - Inner  
      205656352 Stonnington (C) - Malvern  
      205056351 Stonnington (C) - Prahran  
      205506981 Whitehorse (C) - Box Hill  
      205506984 Whitehorse (C) - Nunawading East  
      205506985 Whitehorse (C) - Nunawading West  
      205407074 Whittlesea (C) - South  
      205057351 Yarra (C) - North  
      205057352 Yarra (C) - Richmond  
      205607455 Yarra Ranges (S) - South-West

    Part 2 Parts of statistical local areas  

    201    
    The Melbourne-Geelong metropolitan area includes the area (known as the Werribee Extension) within a notional line that:


    (a) commences at the intersection of Boundary Road, Robinsons Road and Palmers Road, being the south-western corner of 205101182 Brimbank (C) - Sunshine statistical local area; and


    (b) continues south by the centre line of Palmers Road to its intersection with the centre line of Sayers Road; and


    (c) continues west by the centre line of Sayers Road to its intersection with the north-eastern corner of 205207265 Wyndham (C) - Werribee statistical local area (approximate AMG Zone 55 coordinate 298 700E 5 808 030N); and


    (d) continues generally west, south and north-east by the northern, western and southern boundaries respectively of 205207265 Wyndham (C) - Werribee statistical local area to the intersection with the centre thread of Skeleton Creek (approximate AMG Zone 55 coordinate 299 570E 5 805 280N); and


    (e) continues generally south by the centre thread of Skeleton Creek to its intersection with the centre line of the westbound carriageway of the Princes Freeway; and


    (f) continues generally north-east by the centre line of that carriageway to its intersection with the eastern boundary of 205207268 Wyndham (C) Bal statistical local area (approximate AMG Zone 55 coordinate 302 400E 5 806 100N); and


    (g) continues generally north-east and west by the eastern and northern boundaries respectively of 205207268 Wyndham (C) Bal statistical local area to intersection of Boundary Road, Robinsons Road and Palmers Road.

    202    
    The Melbourne-Geelong metropolitan area includes the area (known as the Airport Extension) within a notional line that:


    (a) commences at the intersection of the centre lines of Cahill Street and Wildwood Road, being a corner of 205353274 Hume (C) - Craigieburn statistical local area; and


    (b) continues south by the centre line of Wildwood Road to its intersection with the centre lines of Bulla Road and Sunbury Road; and


    (c) continues generally east by the centre line of Sunbury Road to its intersection with the centre line of Oaklands Road; and


    (d) continues generally north by the centre line of Oaklands Road to its intersection with the centre line of Somerton Road; and


    (e) continues generally east by the centre line of Somerton Road to its intersection with the centre line of Mickleham Road; and


    (f) continues generally north by the centre line of Mickleham Road to its intersection with the centre line of Mount Ridley Road; and


    (g) continues generally east by the centre line of Mount Ridley Road and its easterly prolongation to its intersection with the centre line of the southbound carriageway of the Hume Freeway (approximate AMG Zone 55 coordinate 318 050E 5 839 750N); and


    (h) continues generally south by the centre line of the southbound carriageway of the Hume Freeway to its intersection with the prolongation of Craigieburn Road East (approximate AMG Zone 55 coordinate 318 390E 5 836 460N); and


    (i) continues generally east by the prolongation of Craigieburn Road East and the centre line of Craigieburn Road East to its intersection with the centre line of Epping Road; and


    (j) continues generally south by the centre line of Epping Road to a corner on the southern boundary of 205407071 Whittlesea (C) - North statistical local area (approximate AMG Zone 55 coordinate 325 800E 5 832 880N); and


    (k) continues generally west by that boundary to its intersection with the eastern boundary of 205353274 Hume (C) - Craigieburn statistical local area; and


    (l) continues generally west, south and north by the southern and western boundaries respectively of 205353274 Hume (C) - Craigieburn statistical local area to the intersection of the centre lines of Cahill Street and Wildwood Road.

    Part 3 Roads between statistical local areas  

    301    
    The Melbourne-Geelong metropolitan area includes the area contained within the road reserve of the Princes Freeway, between the eastern boundary of 210052752 Corio - Inner statistical local area and the southern boundary of 205207265 Wyndham (C) - Werribee statistical local area.

    Schedule 3 Sunshine Coast-Brisbane-Gold Coast metropolitan area  

    (paragraph 6 (c))

    Part 1 Complete statistical local areas  

    101    
    The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes each of the following statistical local areas:


      305051001 Acacia Ridge  
      305405951 Albany Creek  
      305051004 Albion  
      305051007 Alderley  
      305506251 Alexandra Hills  
      305051012 Algester  
      305051015 Annerley  
      305051018 Anstead  
      305405954 Arana Hills  
      305051023 Archerfield  
      310053497 Arundel  
      305051026 Ascot  
      305051031 Ashgrove  
      310053501 Ashmore  
      305051034 Aspley  
      305051037 Bald Hills  
      305051042 Balmoral  
      305051045 Banyo  
      305051048 Bardon  
      305103461 Beenleigh  
      305051053 Bellbowrie  
      305051057 Belmont-Mackenzie  
      310053504 Benowa  
      305103463 Bethania-Waterford  
      310053507 Biggera Waters  
      310053512 Bilinga  
      305506254 Birkdale  
      305051064 Boondall  
      305051067 Bowen Hills  
      305051072 Bracken Ridge  
      305405957 Bray Park  
      305051075 Bridgeman Downs  
      305051078 Brighton  
      310053513 Broadbeach  
      310053515 Broadbeach Waters  
      305051083 Brookfield (including Mt Coot-tha)  
      305304601 Browns Plains  
      305051086 Bulimba  
      310053517 Bundall  
      310053521 Burleigh Heads  
      310053523 Burleigh Waters  
      305051094 Calamvale  
      310152132 Caloundra (C) - Caloundra North  
      310152133 Caloundra (C) - Caloundra South  
      310152135 Caloundra (C) - Kawana  
      305051097 Camp Hill  
      305051102 Cannon Hill  
      305506257 Capalaba  
      305051105 Capalaba West  
      305051113 Carina  
      305051116 Carina Heights  
      305051108 Carindale  
      310053525 Carrara-Merrimac  
      305051121 Carseldine  
      305051124 Chandler  
      305051127 Chapel Hill  
      305051132 Chelmer  
      305051135 Chermside  
      305051138 Chermside West  
      305051143 City - Inner (Brisbane)  
      305051146 City - Remainder (Brisbane)  
      305051151 Clayfield  
      305506262 Cleveland  
      305456201 Clontarf  
      310053527 Coolangatta  
      310053531 Coombabah  
      305051154 Coopers Plains  
      305051157 Coorparoo  
      305051162 Corinda  
      310053533 Currumbin  
      310053535 Currumbin Waters  
      305304605 Daisy Hill-Priestdale  
      305051167 Darra-Sumner  
      305051173 Deagon  
      305051176 Doolandella-Forest Lake  
      305051184 Durack  
      305051187 Dutton Park  
      305103466 Eagleby  
      305051195 East Brisbane  
      305103471 Edens Landing-Holmview  
      305051198 Eight Mile Plains  
      310053537 Elanora  
      305051203 Ellen Grove  
      305051206 Enoggera  
      310053541 Ernest-Molendinar  
      305405962 Everton Hills  
      305051211 Everton Park  
      305051214 Fairfield  
      305051217 Ferny Grove  
      305405965 Ferny Hills  
      305051222 Fig Tree Pocket  
      305051228 Fortitude Valley - Inner  
      305051233 Fortitude Valley - Remainder  
      305051236 Geebung  
      305051241 Graceville  
      305051244 Grange  
      305304608 Greenbank - Pt B  
      305051247 Greenslopes  
      305051252 Gumdale  
      305051255 Hamilton  
      305051258 Hawthorne  
      310053543 Helensvale  
      305051265 Hemmant-Lytton  
      305051271 Hendra  
      305051274 Herston  
      305051277 Highgate Hill  
      305051282 Holland Park  
      305051285 Holland Park West  
      310053545 Hollywell
      310053547 Hope Island  
      305051288 Inala  
      305051293 Indooroopilly  
      305253962 Ipswich (C) - Central  
      305253965 Ipswich (C) - East  
      305051296 Jamboree Heights  
      305051301 Jindalee
      305405968 Kallangur  
      305051304 Kangaroo Point  
      305051312 Kedron  
      305051315 Kelvin Grove  
      305051318 Kenmore  
      305051323 Kenmore Hills  
      305051326 Keperra  
      305304612 Kingston  
      305051331 Kuraby  
      310053553 Labrador  
      305405973 Lawnton  
      305304615 Loganholme  
      305304618 Loganlea  
      305051337 Lota  
      305051345 Lutwyche  
      305051356 MacGregor  
      310053555 Main Beach-Broadwater  
      305051364 Manly  
      305051367 Manly West  
      305051372 Mansfield  
      305456204 Margate-Woody Point  
      310154902 Maroochy (S) - Buderim  
      310154905 Maroochy (S) - Coastal North  
      310154907 Maroochy (S) - Maroochydore  
      310154911 Maroochy (S) - Mooloolaba  
      305304623 Marsden  
      305051353 McDowall  
      310053557 Mermaid Beach  
      310053562 Mermaid Waters-Clear Island Waters  
      310053563 Miami  
      305051375 Middle Park  
      305051378 Milton  
      305051383 Mitchelton  
      305051386 Moggill  
      305051391 Moorooka  
      305051397 Morningside  
      305051402 Mount Gravatt  
      305051405 Mount Gravatt East  
      305051408 Mount Ommaney  
      305103476 Mt Warren Park  
      310053565 Mudgeeraba  
      305051413 Murarrie  
      305051416 Nathan  
      310053567 Nerang  
      305051421 New Farm  
      305051424 Newmarket  
      305051427 Newstead  
      310155752 Noosa (S) -Noosa-Noosaville  
      310155755 Noosa (S) - Sunshine-Peregian  
      310155756 Noosa (S) - Tewantin  
      305051432 Norman Park  
      305051435 Northgate  
      305051438 Nudgee  
      305051443 Nudgee Beach  
      305051446 Nundah  
      305506264 Ormiston  
      310053571 Oxenford  
      305051451 Oxley  
      305051454 Paddington  
      305051456 Pallara-Heathwood-Larapinta  
      310053573 Palm Beach  
      310053575 Paradise Point  
      305051463 Parkinson-Drewvale  
      310053577 Parkwood  
      305405974 Petrie  
      305051465 Pinjarra Hills  
      305051467 Pinkenba-Eagle Farm  
      305051473 Pullenvale  
      305051476 Ransome  
      305456206 Redcliffe-Scarborough  
      305051481 Red Hill  
      305051484 Richlands  
      305051487 Riverhills  
      305051492 Robertson  
      310053582 Robina  
      305304631 Rochedale South  
      305051498 Rocklea  
      305456208 Rothwell-Kippa-Ring  
      310053583 Runaway Bay  
      305051503 Runcorn  
      305051506 St Lucia  
      305051511 Salisbury  
      305051514 Sandgate  
      305051517 Seventeen Mile Rocks  
      305304634 Shailer Park  
      305051522 Sherwood  
      305304637 Slacks Creek  
      305051525 South Brisbane  
      310053585 Southport  
      305051528 Spring Hill  
      305304642 Springwood  
      305051533 Stafford  
      305051536 Stafford Heights  
      310053586 Stephens  
      305405976 Strathpine  
      305051541 Stretton-Karawatha  
      305051547 Sunnybank  
      305051552 Sunnybank Hills  
      310053587 Surfers Paradise  
      305051556 Taigum-Fitzgibbon  
      305304645 Tanah Merah  
      305051558 Taringa  
      305051563 Tarragindi  
      305051566 The Gap (including Enoggera Reserve)  
      305506268 Thorneside  
      305506271 Thornlands  
      305051571 Tingalpa  
      305051574 Toowong  
      310053591 Tugun  
      305304651 Underwood  
      305051582 Upper Brookfield  
      305051588 Upper Mount Gravatt  
      305051593 Virginia  
      305051596 Wacol  
      305051601 Wakerley  
      305304654 Waterford West  
      305051604 Wavell Heights  
      305506276 Wellington Point  
      305051607 West End (Brisbane)  
      305051612 Westlake  
      305051615 Willawong  
      305051618 Wilston  
      305103494 Windaroo-Bannockburn  
      305051623 Windsor  
      305051626 Wishart  
      305304656 Woodridge  
      305051631 Woolloongabba  
      305051634 Wooloowin  
      310053593 Worongary-Tallai  
      305051637 Wynnum  
      305051642 Wynnum West  
      305051645 Yeerongpilly  
      305051648 Yeronga  
      305051653 Zillmere

    Part 2 Parts of statistical local areas  

    201    
    The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes the area (known as the Brendale Extension) within a notional line that:


    (a) commences at the intersection of the centre line of South Pine Road and the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area (approximate AMG Zone 56 coordinate 496 060E 6 975 510N); and


    (b) continues generally north by the centre line of South Pine Road to its intersection with the centre line of Warner Road; and


    (c) continues generally north-west by a straight line to the intersection of the centre lines of Kremzow Road and Old North Road; and


    (d) continues generally north by the centre line of Old North Road to its intersectionwith the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area (approximate AMG Zone 56 coordinate 496 310E 6 979 120N); and


    (e) continues generally east, south and west by part of the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area to intersection of the centre line of South Pine Road and the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area.

    202    
    The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes the area within a notional line (known as the Andrews Extension) that:


    (a) commences at the intersection of the southbound carriageway of the Pacific Highway and the eastern boundary of 310053542 Guanaba-Currumbin Valley statistical local area (approximate AMG Zone 56 coordinate 539 050E 6 891 720N); and


    (b) continues generally east and south by part of the eastern boundary of 310053542 Guanaba-Currumbin Valley statistical local area to its intersection with the centre line of the southbound carriageway of the Pacific Highway (approximate AMG Zone 56 coordinate 541 940E 6 889 680N); and


    (c) continues generally north-west by the centre line of the southbound carriageway of the Pacific Highway to the intersection of the southbound carriageway of the Pacific Highway and the eastern boundary of 310053542 Guanaba-Currumbin Valley statistical local area.

    203    
    The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes the area (known as the Burpengary Extension) within a notional line that:


    (a) commences at the intersection of the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area and the northern boundary of 305456208 Rothwell-Kippa-Ring statistical local area (approximate AMG Zone 56 coordinate 503 060E 6 990 410N); and


    (b) continues generally south and west by part of the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area to a corner on that boundary (approximate AMG Zone 56 coordinate 497 600E 6 987 420N), being the centre line of the Brisbane-Caboolture railway line; and


    (c) continues generally north by the centre line of the Brisbane-Caboolture railway line to a corner on the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area (approximate AMG Zone 56 coordinate 496 630E 6 989 550N); and


    (d) continues generally east along part of the eastern boundary of that statistical local area to the intersection of the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area and the northern boundary of 305456208 Rothwell-Kippa-Ring statistical local area.

    Part 3 Roads between statistical local areas  

    301    
    The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes each of the following areas:


    (a) the area contained within the road reserve of the Bruce Highway, between the northern boundary of 305405983 Pine Rivers (S) Bal statistical local area and the southern boundary of 310152133 Caloundra (C) - Caloundra [(S)] statistical local area;


    (b) the area contained within the road reserve of the Pacific Highway, between the northern boundary of 305103496 Gold Coast (C) Bal in the BSD and the northern boundary of 310053571 Oxenford statistical local area.

    Schedule 4 Perth metropolitan area  

    (paragraph 6 (d))

    Part 1 Complete statistical local areas  

    101    
    The Perth metropolitan area includes each of the following statistical local areas:


      505100350 Bassendean (T)  
      505100420 Bayswater (C)  
      505250490 Belmont (C)  
      505051310 Cambridge (T)
      505251330 Canning (C)  
      505051750 Claremont (T)  
      505201820 Cockburn (C)  
      505052170 Cottesloe (T)  
      505203150 East Fremantle (T)  
      505203431 Fremantle (C) - Inner  
      505203432 Fremantle (C) - Remainder  
      505253780 Gosnells (C)  
      505154171 Joondalup (C) - North  
      505154174 Joondalup (C) - South  
      505204830 Kwinana (T)  
      505205320 Melville (C)  
      505055740 Mosman Park (T)  
      505056580 Nedlands (C)  
      505056930 Peppermint Grove (S)  
      505057081 Perth (C) - Inner  
      505057082 Perth (C) - Remainder  
      505207490 Rockingham (C)  
      505257840 South Perth (C)  
      505157914 Stirling (C) - Central  
      505157915 Stirling (C) - Coastal  
      505157916 Stirling (C) - South-Eastern  
      505057980 Subiaco (C)  
      505258510 Victoria Park (T)  
      505058570 Vincent (T)  
      505158767 Wanneroo (C) - South  

    Part 2 Parts of statistical local areas  

    201    
    The Perth metropolitan area includes the area (known as the Swan/Mundaring/Kalamunda/Armadale Extension) within a notional line that:


    (a) commences at the intersection of the centre lines of Wolfe Road and Rowley Road, being a point on the western boundary of 505250210 Armadale (C) statistical local area; and


    (b) continues generally north and east along the western boundary of 505250210 Armadale (C) statistical local area to its intersection with the southern boundary of 505104200 Kalamunda (S) statistical local area; and


    (c) continues generally north-west and north along the western boundary of 505104200 Kalamunda (S) statistical local area to its intersection with 505108050 Swan (S) statistical local area; and


    (d) continues generally north-west, north-east, west and north along the southern and western boundaries respectively of 505108050 Swan (S) statistical local area to the intersection of the line with the centre line of Park Street (approximate AMG Zone 50 coordinate 394 110E 6 479 560N); and


    (e) continues generally east by the centre line of Park Street to its intersection with the centre line of Beechboro Road North; and


    (f) continues generally south by the centre line of Beechboro Road North to its intersection with the centre line of Marshall Road; and


    (g) continues generally east by the centre lines of Marshall Road, Arthur Street and Coast Road and the easterly prolongation of the centre line of Coast Road to the centre thread of the Swan River (approximate AMG Zone 50 coordinate 404 860E 6 474 760N); and


    (h) continues generally north-east following the centre thread of the Swan River to its intersection with the westerly prolongation of the centre line of Oakover Road (approximate AMG Zone 50 coordinate 405 300E 6 476 170N); and


    (i) continues generally east by the westerly prolongation of the centre line of Oakover Road and the centre lines of Oakover Road, Campersic Road and Neuman Road to the intersection of the western boundary of John Forrest National Park (approximate AMG Zone 50 coordinate 410 810E 6 476 390N); and


    (j) continues generally north, east and south along the western, northern and eastern boundaries respectively of John Forrest National Park to the intersection of the centre line of the Great Eastern Highway and the prolongation of the eastern boundary of John Forrest National Park; and


    (k) continues generally east along the centre line of the Great Eastern Highway to its intersection with the centre line of Marri Road; and


    (l) continues generally south along the centre line of Marri Road to its intersection with the centre line of Kenmore Street; and


    (m) continues generally south along the centre line of Kenmore Street to its most southern end; and


    (n) continues generally south-east by a straight line to the intersection of the centre lines of Thomas Road and Moola Road; and


    (o) continues generally south along the centre line of Moola Road to its most southern end; and


    (p) continues generally south by a straight line to the intersection with the centre thread of the Helena River (approximate AMG Zone 50 coordinate 417 060E 6 466 010N); and


    (q) continues generally south-east along the centre thread of the Helena River to its intersection with the centre line of Mundaring Weir Road; and


    (r) continues generally south along the centre line of Mundaring Weir Road to its intersection with the centre line of Ashendon Road; and


    (s) continues generally south-east along the centre line of Ashendon Road to its intersection with the northern boundary of 505250210 Armadale (C) statistical local area (approximate AMG Zone 50 coordinate 424 190E 6 449 940N); and


    (t) continues generally west along the northern boundary of 505250210 Armadale (C) statistical local area to its intersection with the centre line of Springdale Road (approximate AMG Zone 50 coordinate 414 880E 6 449 630N); and


    (u) continues generally south along the centre line of Springdale Road to its intersection with the centre line of Chevin Road; and


    (v) continues generally east along the centre line of Chevin Road to its intersection with the centre line of the Brookton Highway; and


    (w) continues generally east along the centre line of the Brookton Highway to its intersection with the centre line of Gardiner Road; and


    (x) continues generally south along the centre line of Gardiner Road to approximate AMG Zone 50 coordinate 6 445 440N; and


    (y) continues generally south by a straight line to the intersection with the centre line of McNess Road (approximate AMG Zone 50 coordinate 416 590E 6 443 460N); and


    (z) continues generally south-east along the centre line of McNess Road to its intersection with the centre line of Canning Dam Road; and


    (za) continues generally south along the centre line of Canning Dam Road to its intersection with the centre line of the AlbanyHighway; and


    (zb) continues generally south by a straight line to the intersection with the southern boundary of 505250210 Armadale (C) statistical local area (approximate AMG Zone 50 coordinate 415 550E 6 435 520N); and


    (zc) continues generally west along that boundary to the intersection of the centre lines of Wolfe Road and Rowley Road.

    202    
    The Perth metropolitan area includes the area (known as the Wanneroo Extension) within a notional line that:


    (a) commences at the intersection of Gnangara Road and Sydney Street, being the south-east corner of 505158761 Wanneroo (C) - North-East statistical local area; and


    (b) continues generally west and north-west along the southern and western boundaries respectively of 505158761 Wanneroo (C) - North-East statistical local area to the intersection with the southern boundary of 505158764 Wanneroo (C) - North-West statistical local area; and


    (c) continues generally west along part of the southern boundary of 505158764 Wanneroo (C) - North-West statistical local area to the intersection with the High Water Mark of mainland Australia (approximate AMG Zone 50 coordinate 377 450E 6 490 750N); and


    (d) continues generally north-west along the High Water Mark to approximate AMG Zone 50 coordinate 6 499 720N; and


    (e) continues east to a corner on the western boundary of the Neerabup National Park (approximate AMG Zone 50 coordinate 377 540E 6 499 720N); and


    (f) continues generally south-east by part of the western boundary of the Neerabup National Park to its intersection with the centre line of Quinns Road; and


    (g) continues generally east along the centre line of Quinns Road to its intersection with the centre line of Wanneroo Road; and


    (h) continues generally south-east along the centre line of Wanneroo Road to its intersection with the centre line of Pinjar Road; and


    (i) continues generally north-east along the centre line of Pinjar Road to its intersection with the centre line of Caporn Street; and


    (j) continues generally east along the centre line of Caporn Street to its intersection with the centre line of Franklin Road; and


    (k) continues generally south along the centre line of Franklin Road to its intersection with the intersection of the centre line of Trichet Road; and


    (l) continues generally east along the centre line of Trichet Road to its intersection with the centre line of Hawkins Road; and


    (m) continues generally south along the centre line of Hawkins Road to its intersection with the centre line of Ross Street; and


    (n) continues generally east along the centre line of Ross Street to its intersection with the centre line of Sydney Road; and


    (o) continues generally south and south-east along the centre line of Sydney Road to its intersection with the centre line of Joyce Road; and


    (p) continues generally east along the centre line of Joyce Road and its prolongation easterly to the intersection with the eastern boundary of 505158761 Wanneroo (C) - North-East statistical local area (approximate AMG Zone 50 coordinate 394 220E 6 485 080N); and


    (q) continues generally south by part of the eastern boundary of 505158761 Wanneroo (C) - North-East statistical local area to the intersection of Gnangara Road and Sydney Street.

    Schedule 5 Adelaide metropolitan area  

    (paragraph 6 (e))

    101    
    The Adelaide metropolitan area includes each of the following statistical local areas:


      405150070 Adelaide (C)  
      405150701 Burnside (C) - North-East  
      405150704 Burnside (C) - South-West  
      405150911 Campbelltown (C) - East  
      405150914 Campbelltown (C) - West  
      405101061 Charles Sturt (C) - Coastal  
      405101064 Charles Sturt (C) - Inner East  
      405101065 Charles Sturt (C) - Inner West  
      405101068 Charles Sturt (C) - North-East  
      405055681 East Central (C)  
      405052030 Gawler (M)  
      405202601 Holdfast Bay (C) - North  
      405202604 Holdfast Bay (C) - South  
      405204061 Marion (C) - Central  
      405204064 Marion (C) - North  
      405204065 Marion (C) - South  
      405204341 Mitcham (C) - Hills  
      405204344 Mitcham (C) - North-East  
      405204345 Mitcham (C) - West  
      405155291 Norwood Petersham St Peters (C) - East  
      405155294 Norwood Petersham St Peters (C) - West  
      405205341 Onkaparinga (C) - Hackham  
      405205343 Onkaparinga (C) - Morphett  
      405205344 Onkaparinga (C) - North Coast  
      405205345 Onkaparinga (C) - Reservoir  
      405205346 Onkaparinga (C) - South Coast  
      405205347 Onkaparinga (C) - Woodcroft  
      405055681 Playford (C) - East Central  
      405055683 Playford (C) - Elizabeth  
      405055686 Playford (C) - West  
      405055688 Playford (C) - West Central  
      405105895 Port Adel. Enfield (C) - Coast  
      405055891 Port Adel. Enfield (C) - East  
      405055894 Port Adel. Enfield (C) - Inner  
      405105898 Port Adel. Enfield (C) - Port  
      405156510 Prospect (C)  
      405057148 Salisbury (C) Bal
      405057141 Salisbury (C) - Central  
      405057143 Salisbury (C) - Inner North  
      405057144 Salisbury (C) - North-East  
      405057146 Salisbury (C) - South-East  
      405057701 Tea Tree Gully (C) - Central  
      405057704 Tea Tree Gully (C) - Hills  
      405057705 Tea Tree Gully (C) - North  
      405057708 Tea Tree Gully (C) - South  
      405157981 Unley (C) - East  
      405157984 Unley (C) - West  
      405158260 Walkerville (M)  
      405108411 West Torrens (C) - East  
      405108414 West Torrens (C) - West  
      405108899 Unincorporated Western

    Schedule 6 Canberra metropolitan area  

    (paragraph 6 (f))

    101    
    The Canberra metropolitan area includes each of the following statistical local areas:


      805050089 Acton  
      805050189 Ainslie  
      805400239 Amaroo  
      805100279 Aranda  
      805250339 Banks  
      805350369 Barton  
      805100459 Belconnen Town Centre  
      805250609 Bonython  
      805050639 Braddon  
    805100729 Bruce  
      805250819 Calwell  
      805050909 Campbell  
      805201089 Chapman
      805101179 Charnwood  
      805151269 Chifley  
      805251359 Chisholm  
      805051449 City (Canberra)  
      805251549 Conder  
      805101629 Cook  
      805151719 Curtin  
      805351809 Deakin  
      805051889 Dickson  
      805051989 Downer  
      805202079 Duffy  
      805102139 Dunlop
      805052169 Duntroon  
      805102259 Evatt  
      805252349 Fadden  
      805152439 Farrer  
      805202529 Fisher  
      805102619 Florey  
      805102709 Flynn  
      805352789 Forrest  
      805102889 Fraser  
      805352979 Fyshwick  
      805153069 Garran  
      805253159 Gilmore  
      805103249 Giralang  
      805253289 Gordon  
      805253339 Gowrie  
      805253379 Greenway  
      805353429 Griffith  
      805053609 Hackett  
      805353789 Harman  
      805103879 Hawker  
      805103969 Higgins  
      805204059 Holder  
      805104149 Holt  
      805154239 Hughes  
      805154419 Isaacs  
      805254509 Isabella Plains  
      805104779 Kaleen  
      805254869 Kambah  
      805354959 Kingston  
      805105139 Latham  
      805055229 Lyneham  
      805155319 Lyons  
      805255489 Macarthur  
      805105589 Macgregor  
      805105679 Macquarie  
      805155859 Mawson  
      805105409 McKellar  
      805105949 Melba  
      805406039 Mitchell  
      805256129 Monash  
      805356219 Narrabundah  
      805406249 Ngunnawal  
      805406279 Nicholls  
      805056389 O'Connor  
      805156489 O'Malley  
      805256579 Oxley  
      805106669 Page  
      805406719 Palmerston  
      805356759 Parkes  
      805156849 Pearce  
      805156939 Phillip  
      805357119 Red Hill  
      805057209 Reid  
      805257289 Richardson  
      805207389 Rivett  
      805057479 Russell  
      805107569 Scullin  
      805107659 Spence  
      805207749 Stirling  
      805258019 Theodore  
      805158109 Torrens  
      805058289 Turner  
      805258379 Wanniassa  
      805208469 Waramanga  
      805058559 Watson  
      805108649 Weetangera  
      805208739 Weston  
      805358919 Yarralumla

    Schedule 7 Specified amounts per litre  

    (regulations 11 and 12)

    Part 1 On-road diesel fuel  


    Table
    Table
    Type of fuel Amount per litre
    On-road diesel fuel $0.18510 per litre

    Part 2 On-road alternative fuel  

    1. For on-road alternative fuel other than a blend of diesel and biodiesel


    Type of fuel Amount per litre
    for the period … the amount is
    Biodiesel 1 July 2006 - 30 June 2007 $0.14808
      1 July 2007 - 30 June 2008 $0.11106
      1 July 2008 - 30 June 2009 $0.07404
      1 July 2009 - 30 June 2010 $0.03702
      1 July 2010 onwards 0
    Ethanol 1 July 2006 - 30 June 2007 $0.16647
      1 July 2007 - 30 June 2008 $0.12485
      1 July 2008 - 30 June 2009 $0.08324
      1 July 2009 - 30 June 2010 $0.04162
      1 July 2010 onwards 0
    Liquefied petroleum gas 1 July 2006 - 30 June 2007 $0.09540
      1 July 2007 - 30 June 2008 $0.07155
      1 July 2008 - 30 June 2009 $0.04770
      1 July 2009 - 30 June 2010 $0.02385
      1 July 2010 onwards 0
    Liquefied natural gas 1 July 2006 - 30 June 2007 $0.06504
      1 July 2007 - 30 June 2008 $0.04878
      1 July 2008 - 30 June 2009 $0.03252
      1 July 2009 - 30 June 2010 $0.01626
      1 July 2010 onwards 0
    Compressed natural gas 1 July 2006 - 30 June 2007 $0.10094
      1 July 2007 - 30 June 2008 $0.07570
      1 July 2008 - 30 June 2009 $0.05047
      1 July 2009 - 30 June 2010 $0.02523
      1 July 2010 onwards 0

    2. For on-road alternative fuel that is a blend of diesel and biodiesel


    Type of fuel Amount per litre
    A fuel that: An amount worked out by multiplying the amount for biodiesel mentioned in table 1, for the appropriate period, by the percentage of biodiesel in the blend
    (a) is made up of biodiesel and diesel; and
    (b) complies with paragraph 7 (c)


    Part 3 Off-road diesel fuel  


    Table
    Table
    1. For off-road diesel fuel of a kind specified in paragraph 9 (1) (a)
    Qualifying uses of fuel Amount per litre
    Use in mining operations or in primary production (other than agriculture) as specified in subsection 53 (2) of the Act For a claim made between 1 July 2003 and 31 December 2005 (inclusive) - $0.38143 per litre
    Use in mining operations or in primary production (including agriculture) as specified in subsection 53 (2) of the Act For a claim made on or after 1 January 2006 - $0.38143 per litre
    Use in agriculture (otherwise than for the purpose of propelling a road vehicle on a public road) For a claim made between 1 July 2003 and 31 December 2003 (inclusive) - $0.38143 per litre plus $0.00714 per litre
      For a claim made between 1 January 2004 and 30 June 2004 (inclusive) - $0.38143 per litre plus $0.01143 per litre
      For a claim made between 1 July 2004 and 31 December 2004 (inclusive) - $0.38143 per litre plus $0.00857 per litre
      For a claim made between 1 January 2005 and 30 June 2005 (inclusive) - $0.38143 per litre plus a second amount of $0.00571 per litre
      For a claim made between 1 July 2005 and 31 December 2005 (inclusive) - $0.38143 per litre plus a second amount of $0.00286 per litre
    Use in rail transport or use in marine transport as specified in subsection 53 (3) of the Act $0.38143 per litre
    Use at the premises, and for the purposes, specified in subsection 53 (4) of the Act $0.38143 per litre
    Use as an ingredient in the manufacture of explosives, as specified in paragraph 53 (5) (c) of the Act $0.38143 per litre
    A use that qualifies under subsection 53 (6) of the Act $0.38143 per litre
    2. For off-road diesel fuel of a kind specified in paragraph 9 (1) (b)
    Use in mining operations or in primary production as specified in subsection 53 (2) of the Act $0.07557 per litre
    Use in rail transport or use in marine transport as specified in subsection 53 (3) of the Act $0.07557 per litre
    Use at the premises, and for the purposes, specified in subsection 53 (4) of the Act $0.07557 per litre
    A use that qualifies under paragraph 53 (5) (a) or (b) of the Act $0.07557 per litre


    Table
    Table
    3. For off-road diesel fuel of a kind specified in paragraph 9 (1) (c)
    Qualifying uses of fuel Amount per litre
    Use otherwise than in an internal combustion engine (subsection 53 (7) of the Act) $0.30586 per litre


    Table
    Table
    4. For off-road diesel fuel of a kind specified in paragraph 9 (1) (d)
    Qualifying uses of fuel Amount per litre
    Use in mining operations or in primary production (other than agriculture) as specified in subsection 53(2) of the Act For a claim made between 1 July 2003 and 31 December 2005 (inclusive) - $0.38143 per litre
    Use in mining operations or in primary production (including agriculture) as specified in subsection 53(2) of the Act For a claim made on or after 1 January 2006 - $0.38143 per litre
    Use in agriculture (otherwise than for the purpose of propelling a road vehicle on a public road) For a claim made between 1 July 2003 and 31 December 2003 (inclusive) - $0.38143 per litre plus $0.00714 per litre
    For a claim made between 1 January 2004 and 30 June 2004 (inclusive) - $0.38143 per litre plus $0.01143 per litre
    For a claim made between 1 July 2004 and 31 December 2004 (inclusive) - $0.38143 per litre plus $0.00857 per litre
    For a claim made between 1 January 2005 and 30 June 2005 (inclusive) - $0.38143 per litre plus a second amount of $0.00571 per litre
    For a claim made between 1 July 2005 and 31 December 2005 (inclusive) - $0.38143 per litre plus a second amount of $0.00286 per litre
    Use in rail transport or use in marine transport as specified in subsection 53(3) of the Act $0.38143 per litre
    Use at the premises, and for the purposes, specified in subsection 53(4) of the Act $0.38143 per litre
    Use as an ingredient in the manufacture of explosives, as specified in paragraph 53(5)(c) of the Act $0.38143 per litre
    A use that qualifies under subsection 53(6) of the Act $0.38143 per litre


    Table
    Table
    5. For off-road diesel fuel of a kind specified in paragraph 9 (1) (e)
    Qualifying use of fuel Amount per litre
    A use that qualifies under subsection 53(6) of the Act $0.38143 per litre

    Note:

    Off-road diesel fuel of a kind specified in subregulation 9(1), but acquired, manufactured or imported on or after 1 July 2006, is subject to the arrangements in the Fuel Tax Act 2006 and the Fuel Tax Regulations 2006.


    Schedule 8 Methods of working out quantity of fuel  

    (regulation 13)

    Part 1 General rules  

    1.1   Definitions  
    In this Schedule:

    disqualifying use
    is an actual use of fuel mentioned in paragraph (a), (b) or (c) of section 49 or 55 of the Act.

    on-road fuel
    means on-road diesel fuel and on-road alternative fuel.

    quantity of fuel
    means the number of whole litres of on-road diesel fuel, on-road alternative fuel or off-road diesel fuel.

    sample percentage
    , in relation to total quantity of fuel of a class mentioned in subclause 1.2 (2) that you purchased or imported into Australia in the sample period, means the quantity of that fuel that you actually used for a qualifying use, expressed as a percentage of the total quantity of the fuel.

    sample period
    means the sample period mentioned in clause 3.2.1.

    1.2 General rules for working out quantity of fuel  

    (1)    
    For any method prescribed by this Schedule for the purpose of subsection 57(5) of the Act, the following general rules apply.

    (2)   Working out quantity of fuel  

    You must work out the quantity of fuel separately for each of the following classes:


    (a) each type of fuel actually used or proposed to be used;


    (b) all off-road diesel fuel actually used or proposed to be used;


    (c) all on-road fuel actually used or proposed to be used.

    Note

    Under the Act, quantities are to be in whole litres.

    (3)    
    You must use only 1 method of working out the quantity of fuel.

    (4)   Apportionment of fuel  

    For the purpose of working out, in respect of a vehicle or piece of equipment, the quantity of fuel used, fuel may be apportioned between qualifying uses and disqualifying uses by reference to:


    (a) kilometres actually travelled by the vehicle (taken from odometer readings); or


    (b) if the vehicle operates on fixed routes, route distances (instead of kilometres travelled); or


    (c) hours that the vehicle or piece of equipment was operated; or


    (d) another appropriate measure.

    Note:

    Subclause (4) prescribes the commonly used methods of apportionment. However, because of the diverse range of activities that qualify for a grant, it is not possible to prescribe every possible measure a claimant can apply to apportion use of fuel. For example, where the fuel is used to power a generator for the purpose of generating electricity, an acceptable method of apportionment of qualifying and disqualifying uses would be by reference to kilowatt hours of electricity generated.

    The claimant determines the measure of apportionment and demonstrates to the Commissioner that the measure chosen to apportion fuel use was appropriate to their circumstances.

    Part 2 Basic calculation methods  

    2.1 General  

    (1)    
    You may work out the quantity of fuel you propose to use or actually used for a qualifying use in a claim period by using a basic calculation method.

    (2)    
    The basic calculation methods are the constructive method and the deductive method.

    2.2 Keeping of records  

    (1)    
    In order to use the constructive method, you must have records of:


    (a) the total quantity of fuel of each class mentioned in subclause 1.2(2) that you purchased or imported into Australia in the claim period; and


    (b) the quantity of fuel of each of those classes that you actually used for a qualifying use in the claim period; and


    (c) the quantity of fuel of each of those classes that you propose to use for a qualifying use in the claim period; and


    (d) each qualifying use in the claim period.

    (2)    
    In order to use the deductive method, you must have records of:


    (a) the total quantity of fuel of each class mentioned in subclause 1.2(2) that you purchased or imported into Australia in the claim period; and


    (b) the quantity of fuel of each of those classes that you actually used for a disqualifying use in the claim period; and


    (c) the quantity of fuel of each of those classes that you propose to use for a disqualifying use in the claim period; and


    (d) each disqualifying use in the claim period.

    Note

    You are required by section 27A of the Product Grants and Benefits Administration Act 2000 to notify the Commissioner of any disqualifying use of fuel.


    2.3 The constructive method  

    (1)   Constructive method - actual use  

    The constructive method of working out the quantity of fuel of a class mentioned in subclause 1.2(2) that you actually used for a qualifying use in a claim period requires you to add up the quantity of fuel in that class that you actually used for a qualifying use in the claim period.

    Note

    See subclause 1.2(2) for general rules for working out quantity of fuel.

    (2)   Constructive method - proposed use  

    The constructive method of working out the quantity of fuel of a class mentioned in subclause 1.2(2) that you propose to use for a qualifying use in a claim period requires you to add up the quantity of fuel in that class that you propose to use for a qualifying use in the claim period.

    Note

    See subclause 1.2(2) for general rules for working out quantity of fuel.

    2.4 The deductive method  

    (1)   Deductive method - actual use  

    The deductive method of working out the quantity of fuel of a class mentioned in subclause 1.2(2) that you actually used for a qualifying use in a claim period is:

    total quantity of fuel purchased or imported − quantity of disqualified fuel

    where:

    total quantity of fuel purchased or imported
    is the total quantityof fuel of a class mentioned in subclause 1.2(2) that you purchased or imported into Australia in the claim period.

    quantity of disqualified fuel
    is the quantity of fuel of that class that was actually used for a disqualifying use in the claim period.

    Note

    See subclause 1.2(2) for general rules for working out quantity of fuel.

    (2)   Deductive method - proposed use  

    The deductive method of working out the quantity of fuel of a class mentioned in subclause 1.2(2) that you propose to use for a qualifying use in a claim period is:

    total quantity of fuel purchased or imported − proposed quantity of disqualified fuel

    where:

    total quantity of fuel purchased or imported
    is the total quantity of fuel of a class mentioned in subclause 1.2(2) that you purchased or imported into Australia in the claim period.

    proposed quantity of disqualified fuel
    is the quantity of fuel of that class that you propose to use for a disqualifying use in the claim period.

    Part 3 Variations of the basic calculation methods  

    Division 1 General  

    3.1.1 General  

    (1)    
    You may work out the quantity of fuel you actually used, or propose to use, for a qualifying use in a claim period using a variation of a basic calculation method.

    (2)    
    The variations of the basic calculation methods are the percentage use method and the small claimants method.

    3.1.2 Keeping of records  

    (1)    
    In order to use the percentage use method or the small claimants method, you must have records of:


    (a) the quantity of fuel of each class mentioned in subclause 1.2(2) that you purchased or imported into Australia:


    (i) if you are using the percentage use method - in the sample period; and

    (ii) in any other case - in the claim period; and


    (b) the quantity of fuel of each of those classes that you used for a qualifying use or disqualifying use:


    (i) if you are using the percentage use method - in the sample period; and

    (ii) in any other case - in the claim period; and


    (c) each qualifying use and disqualifying use:


    (i) if you are using the percentage use method - in the sample period; and

    (ii) in any other case - in the claim period.
    Note

    You are required by section 27A of the Product Grants and Benefits Administration Act 2000 to notify the Commissioner of any disqualifying use of fuel.


    (2)    
    If, in a claim period, 2 or more of your vehicles travel different routes or 2 or more pieces of your equipment are used in different ways, you must keep separate records for the purpose of working out the sample percentage.

    Division 2 The percentage use method  

    3.2.1 How to use the percentage use method  

    (1)    
    You may use the percentage use method to work out the quantity of fuel of a class mentioned in subclause 1.2(2) that you actually used, or propose to use, for a qualifying use in a claim period by reference to your use of that fuel in a sample period.

    (2)    
    The sample period must be:


    (a) a continuous period of at least 12 weeks in a claim period; and


    (b) representative of your fuel usage patterns in the claim period.

    (3)    
    For subclause (1), the quantity of fuel of a class mentioned in subclause 1.2(2) that you actually used for a qualifying use in the sample period may be worked out using the constructive method or the deductive method.

    3.2.2   3.2.2 The percentage use method  
    The percentage use method of working out the quantity of fuel of a class mentioned in subclause 1.2(2) that you actually used, or propose to use, for a qualifying use in a claim period is:

    sample percentage x total quantity of fuel purchased or imported in a claim period

    where:

    total quantity of fuel purchased or imported in a claim period
    is the total quantity of fuel of a class mentioned in subclause 1.2(2) that you purchased or imported into Australia in a claim period.

    3.2.3 Alternative application of percentage use method  

    (1)    
    If, in a claim period, 2 or more of your vehicles travel similar routes or 2 or more pieces of your equipment are used in a similar way:


    (a) you may work out the sample percentage by reference to 1 of the vehicles or pieces of equipment; and


    (b) the sample percentage may be applied to the other vehicles or pieces of equipment.

    (2)    
    You must be able to substantiate the reasonableness of applying the sample percentage to:


    (a) a fleet of vehicles; or


    (b) a number of pieces of equipment.

    (3)    
    You must work out the sample percentage separately for fuel of each class mentioned in subclause 1.2(2).

    3.2.4   3.2.4 When you may rely on a sample percentage already worked out  
    For the purpose of the calculation in clause 3.2.2, you may use the sample percentage you worked out in an earlier claim period in relation to fuel of a class mentioned in subclause 1.2(2) if:


    (a) your pattern of usage of fuel of that class is substantially the same as in the earlier claim period; and


    (b) the claim is made within 5 years after the end of the earlier claim period; and


    (c) clause 3.2.5 does not require you to work out a new sample percentage.

    3.2.5 When you need to work out a new sample percentage  

    (1)    
    For the purpose of the calculation in clause 3.2.2, you must work out a new sample percentage if your pattern of usage in the current claim period of fuel of a class mentioned in subclause 1.2(2) has substantially changed since the end of the sample period in:


    (a) the current claim period; or


    (b) an earlier claim period.

    (2)    
    For the purpose of the calculation in clause 3.2.2 in a particular claim period, if:


    (a) subclause (3) or (4) does not apply; or


    (b) you do not have a current sample percentage;

    you must work out a new sample percentage for that claim period.


    (3)    
    For the purpose of the calculation in clause 3.2.2 in a particular claim period, if:


    (a) the total of your claims for payment of an energy grant in:


    (i) the first 12 months after you first calculated your sample percentage; or

    (ii) any of the periods of 12 months starting on the anniversary of first calculating your sample percentage;
    is less than $10 000; and


    (b) the claim period is within 60 months after you first calculated your sample percentage; and


    (c) subclause (1) does not apply;

    you may use the sample percentage for that claim period.


    (4)    
    For the purpose of the calculation in clause 3.2.2 in a particular claim period, if:


    (a) the total of your claims for payment of an energy grant in the first 12 months after you first calculated your sample percentage is at least $10 000; and


    (b) the claim period is within 12 months after you first calculated your sample percentage; and


    (c) subclause (1) does not apply;

    you may use the sample percentage for that claim period.


    Division 3 The small claimants method  

    3.3.1   3.3.1 How to use the small claimants method  
    You may use the small claimants method to make a claim for payment of an energy grant for all or part of a claim period for actual use, or proposed use, of fuel of a class mentioned in subclause 1.2(2) only if making the claim using that method would not result in the total amount of claims for payment of an energy grant being more than $5 000 in the current financial year.

    3.3.2   3.3.2 The small claimants method  
    The small claimants method of working out the quantity of fuel of a class mentioned in subclause 1.2(2) that you actually used, or propose to use, for a qualifying use in a claim period requires you to make a reasonable estimate of the quantity of fuel actually used for a qualifying use in the claim period.